Frye versus Daubert

This is an image of Bill Shepherd, a lawyer in Holland & Knight's Washington, D.C. and West Palm Beach offices. He is the former statewide prosecutor of Florida.
hklaw.com

The Florida Supreme Court issued a surprise ruling in late May regarding expert witness testimony. 

Six years ago, the Florida Legislature adopted the Daubert standard for expert witnesses in court cases. But the state’s high court exercised its right to keep the Frye standard in place, which sets a lower threshold for what can be considered expert testimony.

The makeup of the Florida Supreme Court changed last January when three retiring justices were replaced with appointments made by Governor Ron DeSantis. The newly revamped court quickly decided to implement the tougher standards.

A high-stakes battle between the Legislature and the Florida Bar over standards for expert witnesses now rests with the Florida Supreme Court.

scales of justice
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The Florida Bar Board of Governors is pushing back against the state’s expert witness testimony law. The law determines what kind of scientific testimony can be brought before a court of law.